CRIMINAL MISC. WRIT PETITION No. 5469 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:46751-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5469 of 2025 Petitioner :- Mohd. Mohtasham Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 9.3.2025 registered as Case Crime No.174 of 2025, under sections 308(2) and 351(2) B.N.S., 2023, P.S. - Majhola, District- Moradabad, but when the matter has been taken up, learned counsel for the petitioners has submitted that all offences, complained of, are punishable only upto seven years and therefore, before effecting the arrest of the petitioner, specific provisions contained in Section 41(1)(b) and Section 41-A of Cr.PC/Section 35 (3) to 35 (7) of Bhartiya Nagrika Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 3. We have perused the FIR, which prima facie discloses cognizable offences against the petitioners and therefore, the pray